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PIRACY. 1. The act of congress referring to the law of nations for a definition of the crime ofpiracy, is a constitutional exercise of the power of congress to define that crime. United States v. Smith, 5 Wheat. 153.
POWER. 1. Congress has power to provide for the punishment of offenses committed on board a ship of war of the United States wherever that ship may be. United States v. Bevans, 3 Wheat. 336.
2. The power of congress to levy and collect "taxes, duties, imports and excises" is coextensive with the territory of the United States. Loughborough v. Blake, 5 Wheat, 317.
3. The powers bestowed by the constitution upon the government of the United States, were limited in their extent, and were not intended, nor can they be construed with other powers before vested in the state governments, which were reserved to those governments, impliedly, as well as by express provision of the constitution. Golden v. Prince, 3 Wash. C. C. R. 313:
PRIVATE PROPERTY SHALL NOT BE TAKEN FOR PUBLIC USE, ETC. 1. The provisions in the 5th amendment to the constitution, declaring that private property should not be taken for public use without just compensation, is intended solely as a limitation on the exercise of power by the government of the United States, and is not applicable to the legislatures of the states. Barrow v. The Mayor and City Council of Baltimore, 7 Peters, 243.
RELIGION, ESTABLISHMENT OF, ETC. 1. The legislature may enact laws more effectually to enable all sects to accomplish the great object of religion, by giving them corporate rights for the management of their property and the regulation of their temporal as well as spiritual concerns. Terret et al. v. Taylor et al. 9 Cranch, 49.
STATE RIGHTS. 1. The power of a legislature of a state relative to the confirmation of a sale of real estate, is greater than the judicial power. They may sanction past transactions, where vested rights are not disturbed, while the court can only authorize a title to be made in future. Leland et al. v. Wilkinson, 10 Peters, 294.
2. A state has the same undeniable and unlimited jurisdiction, over all persons and things within its territorial limits as any foreign nation, when that jurisdiction is not surrendered or restrained by the constitution of the United States. Id.
3. No sovereign state is liable to be sued without her consent. Briscoe et al. v. the Bank of the Commonwealth of Kentucky, 11 Peters, 257.
4. The legislature of a state cannot annul the judgment or determine the jurisdiction of the courts of the United States. United States v. Peters, 5 Cranch, 115.
5. Wherever a right grows out of, or is protected by a treaty, it is sanctioned against all the laws and judicial decisions of the states, and whoever may have this right, it is protected. Owing v. Norwood's Lessee, 5 Cranch, 348.
6. The mere grant of a power to congress does not imply a prohibition on a state to exercise the same power. Sturges v. Crowningshield, 4 Wheat. 122.
7. The state governments have no right to tax any of the constitutional means employed by the government of the union to exercise its constitutional powers. McCulloch v. Maryland, 4 Wheat. 316.
8. The state governments retain the right to make such laws as they may think proper within the ordinary functions of legislation, if not inconsistent with the powers vested ex. clusively in the government of the United States and forbidden by the constitution. Golden v. Prince, 3 Wash. C. C. R. 313.
9. The power conferred upon congress by the fifth and sixth clauses of the eighth section, first article of the constitution, “to coin money, regulate the value thereof, and to provide for punishing counterfeiting coin," etc. does not prevent a state from passing a law to punish the circulation of counterfeit coin of the United States. Fox v. The State of Ohio, 5 Howard, 410.
10. The probibitions contained in the amendments to the constitution were intended to be restrictions upon the federal government and not upon the authority of the states. Id.
11. A bridge held by an incorporated company, under a charter from a state, may be condemned and taken as part of a public road under the laws of that state. West River Bridge Company v. Dix et al. 6 Howard, 507.
12. The constitution of the United States cannot be so construed as to take away from the states the right of eminent domain. Id.
13. A person in custody under a ca. sa, issued under the authority of the circuit court of the United States, cannot legally be discharged from imprisonment by a state officer acting under a state insolvent law. Duncan v. Darst et al. 1 Howard, 301.
14. The shores of navigable waters and the soil under them, were not granted by the constitution to the United States, but were reserved to the states respectively, and the new states have the same rights over this subject as the original states. Pollard v. Hagan, 3 Howard, 212.
15. Although no state could establish a permanent military government, yet it may use its military power to put down an armed insurrection, too strong to be controlled by the civil authority. The state must determine for itself what degree of force the crisis demands. Luther v. Borden, 7 Howard, 1.
16. A state has power to regulate the remedies by which contracts and judgments are sought to be enforced in courts of justice, unless its regulations are contrary to the constitution or laws of the United States. Bank of Alabama v. Dalton, 9 Howard, 522.
17. Congress did not intend to declare by the act of 1790, that a judgment rendered in one state against the person of a citizen of another, who had not been served with process, or voluntarily made defense, should have such faith and credit in every other state, as it had in the state in which it was rendered. D'Arcy v. Ketchum, 11 Howard, 165.
18. After the admission of a state into the Union, congress can make no grant of land, sit. uated between high and low-water marks. Goodtttie v. Kibbe, 13 Howard, 25; 3 Howard, 212; 9 Howard, 477.
19. Where a power possesses a river and cedes the territory on the other side of it, making the river the boundary, that power retains the river unless there is a stipulation to the con trary. Howard et al. v. Ingersoll, 13 Howard, 381.
SLAVES. 1. The ninth section, first article of the constitution which restrained congress from forbidding the migration or importation of slaves prior to the year 1808, did not apply to the state legislatures. Butler v. Hoppen, 1 Wash. C. C. R. 499.
SPIRITUOUS LIQUORS. 1. Laws of Massachusetts, Rhode Island and New Hampshire, concerning, declared constitutional. License Cases, 5 Howard, 504.
STEAMBOATS. 1. It is the duty of every steamboat to keep a trustworthy person employed as a lookont, and if there be none such additional to the helmsman, or if he was not stationed in the proper place, or not vigilantly employed at his duty, it must be regarded as prima facie evidence that the collision was the fault of the steamboat. Propeller Genessee Chief v. Fitzhugh et al. 12 Howard, 443.
TAXATION. 1. A tax on carriages is not a direct tax, within the meaning of the constitution. Hyl v. United States, 3 Dall. 171.
2. Congress has no power to exempt any state from its due share of the burden of taxes, but is not bound to extend a direct tax to the District of Columbia and territories Loughborough v. Blake, 5 Wheat. 317.
3. Å tax imposed by a law of any state on stock issued for loans made the United States, is unconstitutional. Weston et al. v. The City Council of Charleston, 2 Peters, 449.
4. There is no reason why the property of a corporation should be exempted from its share of necessary public burdens. Philadelphia & Wilmington Railroad Co. v. Maryland, 10 Howard, 376.
5. The taxing power of a state should never be presumed to be relinquished unless the intention is declared in clear and unambiguous terms. Id.
TREATY, 1. The treaty of 1819, between the United States and Spain, construed. United States v. Ferreira, 13 Howard, 40.
FOR ASSERTING PRE-EMPTION CLAIMS.
FORM'A. Declaratory Statement for cases where the Land has not been offered at Public Sale. I, A. B., of being the head of a family, or widow, or single man over the age of twenty-one years, as the case may be, a citizen of the United States, or baving filed my declaration to become a citizen as required by the naturalization laws, as the case may be,] have on the day of — A. D. 185-, settled and improved the quarter of section number
- in township number of range number in the district of lands subject to sale at the land office at , and containing -- acres, which land has not yet been offered at public sale and thus rendered subject to private entry; and I do hereby declare my intention to claim the said tract of land as a pre-emption right, under the provisions of the act of March 3, 1853. Given under my hand, this day of — A. D. 185–.
A. B. Signed in the presence of C. D.
FORM B. Declaratory Statement for cases where the Land shall have been offered at Public Sale. I, A. B., of being [the head of a family, or widow, or single man over the age of twenty-one years, as the case may be, a citizen of the United States, or having filed my declar. ation to become a citizen as required by the naturalization laws, as the case may be,] have, since the first day of — , A. D. 185-, settled and improved the quarter of section number — in township number of range number — in the district of lands subject to sale at the land office at , and containing acres, which land has been rendered subject to private entry since the passage of the act of March 3, 1853, but prior to my settlement thereon; and I do hereby declare my intention to claim the said tract of land as a pre-emption right, under the provisions of said act. Given under my hand, this day of — A. D. 185-.
A, B. Signed in the presence of C. D.
FORM 0. Affidavit to be filed in cases, under Act of March 3, 1853, where the Settler shall have died before
proving up and entering his Claim. I, A. B., [executor of the estate of C. D., or, administrator of the estate of C. D., or one of the heirs of C. D., aged — years, as the case may be,] do solemnly swear, [or affirm, as the case may be,] that, to the best of my knowledge and belief, the said C. D., who was a settler on the quarter of section number of township number — , of range number , subject to sale at — was not, at the time of his death, the owner of three hundred and twenty acres of land in any state or territory of the United States; that he did not settle upon and improve the above tract of land on speculation, but in good faith to appropriate it to his own exclusive use and benefit; and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which he might have acquired from the government of the United States should inure, in whole or in part, to the benefit of any person except himself. [Signed]
A. B., Executor, (or administrator or one of the heirs of C. D., as the case may be.] I, E. F., register for G. H, receiver) of the land office at - do hereby certify that the above affidavit was taken and subscribed before me, this day of — A. D. 185– (Signed]
E. F., Register, (or) G. II., Receiver.
Affidavit required of Pre-emption Claimant. I, A. B., claiming the right of pre-emption under the provisions of the act of congress, ap. proved March 3, 1853, to the quarter of section number - , of township number
of range number — subject to sale at — do solemnly swear, for afirm, as the case may be.] that I am not the owner of three hundred and twenty acres of land in any state or territory of the United States, nor have I settled upon and improved said land to sell the same on speculation, but in good faith to appropriate it to my own exclusive use or benefit; and that I have not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which the title which I may acquire from the government of the United States should inure in whole or in part, to the benefit of any person except myself. (Signed)
A.B. I, C. D., register for E. F., receiver of the land office at do bereby certify, that the above affidavit was taken and subscribed before me, this day of — A. D. 185– [Signed)
C. D., Register, [or] E. F, Receiver.
CERTIFICATE OF REGISTER.
UNITED STATES OF AMERICA, - Land District, State of To all to achom these presents shall come, greeting: Know ve, that
of county, state aforesaid, a citizen of the United States, a married man, and of the age of twenty-one years, has on the day of — in the year of our Lord one thousand eight hundred and Aled with the register of the land district of the state of at the land office in his declaratory statement, wherein he claims to have settled and in proved the following described government lands to wit: [here desbribe the land), township number range number containing acres, which land has not yet been ferd at public sale, and thus rendered subject to private entry.
In testimony whereof, I — - register of said land office, have hereto set my hand, at the register's office, in the city of on this day of — , A. D. 185
A. B., Register.
SCHOOL LAND WARRANTS. Afidavit to be Subscribed by Parties locating Land under State School Land Warrants.
LAND OFFICE, - California L - of- county, California, being' duly sworn, do depose and say, that I did on or about the day of = 185-, personally examine the following described lands, viz: [bere describe the land), section number township number range number - and at that time there was no settlement or cultivation on the said lands whatever, or any valid title thereto, and I verily believe there is none at this time.
Subscribed and sworn to before me, this day of 185–. A. B. Register.
Form of Location to be indorsed on Warrant
UNITED STATES LAND OFFICE, State of I,
of county, having taken and subscribed the necessary affidavit, to the effect that there is no settlement on or valid claim to the land sought--do hereby apply to locate this warrant number - upon the
quarter of section number township number - range number — This selection is made in part satisfaction of the grant of five hundred thousand acres of land, made to the state of California by the eighth section of the act of congress of September fourth, 1841, entitled "An Act to appropriate the proceeds of the Sales of the Public Lands, and to grant Pre-emption Rights."
Given under my hand and seal, this day of A. D. 18
GENERAL LAND OFFICE, May 3, 1855. By the fourth section of the act of Congress, entitled “An Act in addition to certain Acts granting Bounty Land to certain Officers and Soldiers who have been engaged in the Military Service of the United States," approved third of March, one thousand eight hundred a fifty-five, a copy of which act is hereto appended, it is directed, " That said certificates a warrants may be assigned, transferred and located, by the warrantees, their assiguets, their heirs at law, according to the provisions of existing laws regulating the assigned transfer, and location of bounty land warrants."
Under the proper head of this circular, full instructions and forms will be found for the assignment or transfer and location of such warrants.
SECTION No. 1.-In regard to the location, the fifth section of the act directs "That no warrant issued under the provisions of this act shall be located on any public lands, except such as shall at the time be subject to sale at either the minimum or lower graduated prices."
By this provision, all lands, the minimum price of which is more than one dollar and twentyfive cents per acre, are excluded from location by warrants under this act of third March, eighteen hundred and fifty-five; but lands subject to sale at the ordinary minimum or at the graduated prices can be so located. Hence, pre-emptors settled upon lands subject to sale at the ordinary minimum can locate the land to which they have pre-emption rights, with warrants under said act of third March, eighteen hundred and fifty-five, whether such lands have or have not been offered at public sale; but this privilege, as to unoffered lands, extends to no other holders of these warrants, except those who are also pre-emptors.
Sec. No. 2.-Should the area of a tract claimed exceed the number of acres called for in the warrant, the locator of the warrant will have to pay for the excess in cash; but if it should fall short, he must take the tract in full satisfaction of his warrant.
SEC. No. 3.-Each warrant is to be distinctly and separately located upon a compact body of land, consequently the assignee of various warrantees cannot locate a body of land, with a number of warrants, without specifying the particular tract or tracts to which each shall be applied, and for each warrant there must be a distinct location, certificate and patent. Nor can a pre-emptor, in any case, use more than one warrant in the location of the land pre-empted by him, and the excess, if any, must be paid for by him in cash.
SEC. No. 4. The sixth section of this act directs, "That the registers and receivers of the several land offices shall be severally authorized to charge and receive, for their services in locating all warrants under the provisions of this act, the same compensation or per centage to which they are entitled by law for sales of the public lands for cash, at the rate of one dollar and twenty-five cents per acre; the said compensation to be paid by the assignees or hold. ers of such warrants."
The amount of fees to which the land officers are entitled under this section is specified in the appended instructions, and without the payment of those fees, the warrants cannot be located.
Sec. No. 5.—The seventh section of the act provides, "That the provisions of this act, and all the bounty land laws heretofore passed by congress, shall be extended to Indians in the same manner, and to the same extent, as if the said Indians had been white men."
Where an assignment is made by an Indian residing among the whites, the prescribed forms will be adopted, with this single addition, that the officer taking the acknowledgment shall certify that the Indian is capable of contracting, also to the amount paid to him for the warrant, and that he saw the same paid to the Indian.
Where it is made by an Indian holding his tribal relations, his identity and ability to contract must be certified by the superintendent, or Indian agent, either of his own knowledge, or on the testimony of the chiefs, specifying which, and certifying, as above required, to the amount paid for said warrant, that the same was paid in his presence, and that the transaction was fair and regular. In either case, if the amount paid is not a fair consideration, the assignment will be disregarded.
Where a warrant for the services of an Indian is issued or descends to minors who no longer retain their tribal relations, it must be located or sold by a guardian, duly appointed and authorized by the proper court for that purpose.
Where the minor or minors retain their tribal relations, the agent or superintendent must certify that they are entitled to the warrant under the laws, usages and customs of the tribe; and when sold or located, that it was done by the guardian or such proper representative as, according to said laws, usages and customs, was fully authorized to do so.
In all cases where the signature of the superintendent or Indian agent is herein required, the genuineness of the signature of that officer must be attested by the commissioner of Indian affairs.
SEC. No. 6.-In ordinary cases, the forms and instructions for assignments of warrants issued under the acts of eighteen hundred and fifty and eighteen hundred and fifty-two will govern; and as those instructions are very full, and have been extensively circulated for nearly three years, assignments under this act will not be certified or examined until the warrants are returned to this office located, and are taken up for patenting. The necessity for such examination is obviated further by the fact, that, from the experience had by this office under the acts of eighteen hundred and forty-seven, eighteen hundred and fifty and eighteen hundred and fifty-two, the following embrace every case, it is believed, that can arise, of difficulty, in assigning or locating warrants, to wit:
SEC. No. 7.—Under those acts, warrants have been returned to this office, located:
1. Upon assignments not written on the back of said warrants, or by virtue of powers of attorney not so written, as required by instructions. 2. Where, by reason of prior assignments, no further room exists on the warrants, subse